---
kind: "section"
citation: "20 C.F.R. § 416.999d"
title: "20"
number: "416.999d"
heading: "How do we determine reinstated benefits?"
url: "https://uscodex.org/cfr/20/416.999d"
---

# §416.999d. How do we determine reinstated benefits?

- (a) If you meet the requirements for reinstatement under [§ 416.999a(a)](/cfr/20/416.999a.md?p=a), we will reinstate your benefits with the month after the month you filed your request for reinstatement. We cannot reinstate your eligibility for any month prior to February 2001.
- (b) We will compute your reinstated benefit amount and determine benefits payable under the applicable paragraphs in [§§ 416.401 through 416.435](/cfr/20/416.401..416.435.md). We will reduce your reinstated benefit due in a month by a provisional benefit we already paid you for that month. If your provisional benefit paid for a month equals or exceeds the reinstated benefit due, we will treat the difference as an overpayment under [§ 416.536](/cfr/20/416.536.md).
- (c) Once you have been reinstated under [§ 416.999a](/cfr/20/416.999a.md) you cannot be reinstated again until you have completed a 24-month initial reinstatement period. Your initial reinstatement period begins with the month your reinstated benefits begin under [paragraph (a)](#a) of this section and ends when you have had 24 payable months of reinstated benefits. We consider you to have a payable month for the purposes of this paragraph when you are due a cash benefit of any amount for the month based upon our normal computation and payment rules in [§ 416.401](/cfr/20/416.401.md) through [§ 416.435](/cfr/20/416.435.md) or if you are considered to be receiving SSI benefits in a month under [section 1619(b)](/cfr/20/1619.md?p=b) of the Social Security Act. If your entire benefit payment due you for a month is adjusted for recovery of an overpayment under §§ [416.570](/cfr/20/416.570.md) and [416.571](/cfr/20/416.571.md) or if the amount of the provisional benefit already paid you for a month exceeds the amount of the reinstated benefit payable for that month so that no additional payment is due, we will consider the month a payable month.
- (d) Your eligibility for reinstated benefits ends with the month preceding the earliest of the following months—
  - (1) The month an applicable terminating event in [§§ 416.1331 through 416.1339](/cfr/20/416.1331..416.1339.md) occurs;
  - (2) The third month following the month in which your disability ceases; or
  - (3) **The month in which you die.**
- (e) Determinations we make under this section are initial determinations under [§ 416.1402](/cfr/20/416.1402.md) and are subject to review under [subpart N of part 416](/cfr/20/part416-subpartN.md).
- (f) If we determine you are not eligible for reinstated benefits, we will consider your request filed under [§ 416.999a(a)](/cfr/20/416.999a.md?p=a) your intent to claim benefits under [§ 416.340](/cfr/20/416.340.md).

## Notes

### Amendments

[70 FR 57144, Sept. 30, 2005]

### Authority

Authority: 42 U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h, 1383, and 1383b; secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, and 1382h note).

### Source

Source: 45 FR 55621, Aug. 20, 1980, unless otherwise noted.

### Amendments

[70 FR 57144, Sept. 30, 2005]